Last updated: 7 August 2018
The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you and SkillsPassport South Africa (Pty) Ltd (“SkillsPassport”), a South African Company.
By downloading, installing or using the SkillsPassport website, web app or mobile app or any associated software (“the Platform”) you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time on www.skillspassportsa.co.za (“Site”).
SkillsPassport reserves the right to modify this Agreement or its policies relating to the Platform at any time, effective upon posting of an updated version of this Agreement on the Platform. You are responsible for regularly reviewing this Agreement. Continued use of the Platform after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about this Agreement, please contact SkillsPassport at email@example.com.
SkillsPassport does not provide employment or make promise of securing employment under any circumstances whatever.
The Software is a communications platform for enabling communication between individuals (“Members”) and employers (“Employers”) seeking to employ or interact with Members”. Employers and Members are collectively referred to as users (“Users”). The Software provides for the ability for Employers to (i) search for, (ii) employ and (iii) review Members performance and (iv) do certain background checks (“Verifications”) such as but not limited to Criminal, Qualification, ITC, ID, driver’s license on Members profiles via third party Verifications service providers. SkillsPassport does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Members or Employers. When interacting with Members or Employers, always exercise caution and common sense to protect personal safety and property. By using the Platform, you agree to hold SkillsPassport free from the responsibility for any liability or damage that might arise out of the transaction involved.
SkillsPassport, its affiliates, partners or licensees are not responsible for the conduct, whether online or offline, of Users of the Platform. SkillsPassport its affiliates, partners or licensees will not be liable for any claim, injury or damage arising in connection with the use of the Platfrom whatsoever.
Representations and Warranties
By using the Platform, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Platform for any reason, or restricts the ability to enter into agreements such as this one due to any reason, you must abide by such laws and you must not utilise the Platform. By using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Platform is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Platform you agree to comply with all applicable laws from the country in which you are present while using the Platform.
You may only access the Platform using authorized means. Ensure that you utilise the correct Platform for your device/s. SkillsPassport is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Platform for your handset.
By using the Platform, you agree that you will:
- Only use the Platform for the use it was intended; you will not use the Platform for any unlawful or for fraudulent purposes.
- Not try to change the Platform in any way whatsoever.
- Only use the Platform for your own use and will not resell it to a third party.
- Keep secure and confidential your account password or any identification provided to you which allows access to the Platform.
- Provide SkillsPassport with whatever proof of identity and other documents SkillsPassport may reasonably request.
- Only use an access point or data account that you are authorized to use.
- When signing up on the Platform, opt-in to receive text messages from the Platform, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.
- Acknowledge that the Platform will from time to time send you text messages to which you will be required to respond, said response text message from you to the Platform will be charged at standard messaging charges from your mobile network service provider.
- If issued with the SkillsPassport card, treat as you would any other bank card.
License Grant & Restrictions
SkillsPassport hereby grants you a non-exclusive, non-transferable, right to use the Platform subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by SkillsPassport, its affiliates, partners and licensees.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way; (ii) modify or make derivative works based upon the Platform; (iii) create Internet “links” to the Platform or “frame” or “mirror” any software on any other server or wireless or Internet-based device; (iv) reverse engineer the Platform; (v) access the Platform in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Platform, or (c) copy any ideas, features, functions or graphics of the Platform, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.
Certain functions in the Platform require payment. Payment for these functions is made by purchasing credits via the Platform or by paying cash at any: (i) Shoprite (ii) Checkers (iii) Usave or (iv) SA Post Office. Credits purchased are non-refundable. This no refund policy shall apply at all times regardless of (i) your decision to terminate your usage of the Platform (ii) SkillsPassport suspending or terminating your usage for any reason whatsoever, disruption caused to the Platform either planned, accidental or intentional, or any reason whatsoever. SkillsPassport reserves the right to determine final prevailing pricing for said credits. Any pricing information published in any documentation or on the website may not reflect the prevailing pricing.
Credits that are purchased by Employers or Members are valid for 1 year after purchase unless stated otherwise. Credits are only redeemable through the Platform. Credits will not be replaced if used without permission by a third party that had access to your account / login details.
Use of the Software
All Member Verifications requested by Employers are performed by 3rd party service providers and SkillsPassport cannot guarantee the correctness of said Verification. The Platform provides for the rating (“Rating”) of all Users, All Ratings given by one User to another User are outside the control of SkillsPassport and as such SkillsPassport cannot be held accountable for any Rating provided.
SkillsPassport cannot be held liable for any loss or damage of whatever nature that might arise from interaction Platform Users.
SkillsPassport only provides the connection between Users, none of whom are employed by SkillsPassport. Once contact has been established between an Employer and a Member, any discussions between the Employer and the Member relating to employment, are between the Employer and the Member, neither of whom have any recourse to SkillsPassport for any reason whatsoever.
SkillsPassport does however ask that, for the benefit of all Users of the platform and to enable SkillsPassport to reach its social goals, that you:
- Agree to treat other Users courteously and within the framework of the law.
- If you as an Employer provides employment for a Member, that work environment must be safe and appropriate for Members in compliance with all laws and regulations applicable and that you will provide reasonable co-operation to Members to enable them to perform the duties as agreed.
- As an Employer, agree to provide a fair Rating of services provided by the Member from time to time.
- As a Member, agree to provide a fair Rating of treatment received from an Employer.
- As an Employer, will not engage, any Member outside of the Platform as this would negatively impact a Members Rating and therefore their credibility and visibility.
- As Member, you agree to keep to arranged timelines as far as possible and provide a superior service to the Employer as this will increase the likelihood of a good Rating and thereby improve your credibility and visibility and possible future employment opportunities.
Up-time of the Platform
SkillsPassport cannot guarantee uptime of the Platform over and above what is agreed by and governed by the master service agreement SkillsPassport has with its third party hosting service provider. A copy of said master service agreement can be made available on request.
SkillsPassport is entitled, without notice and without liability, to suspend the Platform for repair, maintenance, improvement or other technical reason. SkillsPassport will however attempt to keep maintenance as planned and communicated to you and also out of normal office hours. However if for any reason whatsoever it is in SkillsPassport’s best interest to take the Platform down for a period of time SkillsPassport is at liberty to do so in the best interest of all parties involved.
Infrastructure dependent delays and/or unavailability
The Platform may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. SkillsPassport cannot be held responsible for any delays, delivery failures, or other damage resulting from such problems.
SkillsPassport may rely on third party advertising through the Platform and other mechanisms to subsidize the Platform. By agreeing to these terms and conditions you agree to be shown such advertising. If you do not want to receive such advertising you should notify us in writing. SkillsPassport may compile and release information regarding you and your use of the Platform on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform.
SkillsPassport does not endorse any advertisements placed by advertisers for the display of such advertisements displayed through the Platform.
By entering into this Agreement and using the Platform, you agree to defend, indemnify and hold SkillsPassport, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third part, or (ii) your use or misuse of the Platform for any purpose other than was intended.
SkillsPassport reserves the right to (i) modify or discontinue, temporarily or permanently, the Platform (or any part thereof) and (ii) refuse any and all current and future use of the Platform, suspend or terminate your account (any part thereof) or use of the Platform, for any reason, including if SkillsPassport believes that you have violated this Agreement. SkillsPassport shall not be liable to you or any third party for any modification, suspension or discontinuation of the Platform. SkillsPassport will use good faith efforts to contact you to warn you prior to suspension or termination of your account.
Disclaimer of Warranties
Although all best efforts will be made to ensure a satisfactory experience when interacting with the Platform. SkillsPassport makes no representation, warranty, or guarantee as to the reliability, suitability, availability, accuracy or completeness of the Platform. SkillsPassport does not represent or warrant that (i) the use of the Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the Platform will meet your requirements or expectations, (iii) any stored data will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your requirements or expectations, (v) errors or defects in the Platform will be corrected, or (vi) the server(s) that make the Platform available are free of viruses or other harmful components.
The Platform is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by SkillsPassport.
Limitation of Liability
In no event shall SkillsPassport aggregate liability exceed any actual amounts paid by you in the six (6) month period immediately preceding the event giving rise to such a claim. In no event shall SkillsPassport be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). SkillsPassport shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Platform, including but not limited to the use or inability to use the Platform.
Responsibility for the decisions made as Client employing a Member or as a Member accepting employment from a Client connected via the Platform resides solely with you. SkillsPassport will not assess the suitability, legality or ability of either party described above and you expressly waive and release SkillsPassport from any and all liability, claims, causes of action, or damages arising from your use of the Platform, or in any way related to the third parties introduced to you by the Platform.
By using the Platform, you agree that the exclusions and limitations of liability as set out in this agreement are reasonable. Should you disagree you are advised not to use the Platform.